Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Lush New Media ("we", "us", "our", or "Lush New Media") governing your access to and use of our website at www.lushnewmedia.com and the creative services we provide.

By accessing our website, submitting an enquiry, or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or services.

2. Services Description

Lush New Media is a creative agency based in Cheltenham, Gloucestershire, offering the following services:

• Web Design & Development
• Social Media Strategy & Management
• Video Production
• Brand Identity & Logo Design
• Content Creation & Copywriting
• Digital Marketing & SEO

Specific deliverables, timelines, and pricing for each project are outlined in a separate written proposal or statement of work agreed upon by both parties.

3. Intellectual Property

Our work: All concepts, designs, code, videos, copy, and other creative materials produced by Lush New Media remain our intellectual property until full payment has been received. Upon full payment, ownership of final deliverables transfers to you, except for:

• Stock imagery, fonts, or third-party assets licensed under their original terms
• Our internal templates, frameworks, and reusable code libraries
• Any work-in-progress files, drafts, or discarded concepts

Your materials: You retain ownership of all materials, brand assets, and content you provide to us for use in your project. You grant us a limited licence to use these materials solely for the purpose of completing your project.

Portfolio rights: We reserve the right to display completed work in our portfolio, on our website, and in case studies unless explicitly agreed otherwise in writing. We will respect any confidentiality requirements outlined in a signed non-disclosure agreement.

4. Payment Terms

Our standard payment structure is as follows:

• Deposit: A non-refundable deposit of 50% of the total project fee is required before work begins.
• Final payment: The remaining balance is due upon project completion and before final deliverables are released.
• Retainers: Monthly retainer fees are due in advance on the first of each month.
• Late payments: Invoices unpaid after 14 days may incur a late fee of 5% per month on the outstanding balance.

All fees are quoted in GBP (£) unless otherwise agreed. You are responsible for any applicable taxes, including VAT where required.

5. Revisions and Approval

Each project includes a defined number of revision rounds as specified in your proposal. Additional revisions beyond the included rounds may incur extra charges at our standard hourly rate.

You are responsible for reviewing and approving deliverables in a timely manner. Delays in providing feedback or approval may extend the project timeline and may result in additional costs.

Once a deliverable is approved, any further changes are treated as a new scope of work and will be quoted separately.

6. Project Timeline

We commit to the timelines outlined in your proposal. However, project schedules depend on timely feedback, content provision, and approval from you. Delays caused by client-side factors (such as late feedback, unavailable stakeholders, or delayed content delivery) may extend the timeline and are not grounds for fee reduction.

If a project is paused for more than 30 days due to client inaction, we reserve the right to reschedule the work and adjust the timeline accordingly.

7. Cancellation and Refunds

You may cancel a project at any time by providing written notice. In the event of cancellation:

• The initial deposit is non-refundable and covers project setup, discovery, and any work completed to date.
• You will be billed for all work completed beyond the deposit value at our standard hourly rate.
• All completed work will be delivered to you upon payment of the outstanding balance.
• No refunds will be issued for completed milestones or delivered work.

8. Limitation of Liability

To the maximum extent permitted by law, Lush New Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services or website. This includes, but is not limited to, loss of profits, data, business interruption, or reputational harm.

Our total liability for any claim arising from our services shall not exceed the total amount paid by you for the specific project giving rise to the claim.

9. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. However, we do not guarantee specific results, such as search engine rankings, social media follower growth, or sales increases, as these depend on many factors outside our control.

Our website and services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Indemnification

You agree to indemnify, defend, and hold harmless Lush New Media and our directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in any way connected with your use of our services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Changes to These Terms

We may revise these Terms at any time by updating this page. The updated Terms will take effect immediately upon posting. Your continued use of our website or services after any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

13. Contact Us

If you have any questions about these Terms, please contact us: